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MINI PUSHKARNA
Kusum Gupta – Appellant
Versus
Govt. of NCT of Delhi – Respondent
JUDGMENT
Mini Pushkarna, J. (Oral)--The present petition has been filed with directions to quash the proceedings pending in respect of petitioner's land bearing Khasra No. 42//17/1 min (1-14), situated in Village Chhawla, Tehsil Kapashera, District South-West, New Delhi in Case No. 1/51/2020, titled as Gaon Sabha Chhawla Vs. Kusum Gupta, pending before the learned Deputy Commissioner, Kapashera, District South West, New Delhi.
2. The facts on record clearly show that in the present case the area in question i.e. Village Chhawla has been urbanized by way of notification dated 16.05.2017 under Section 507 of the Delhi Municipal Corporation Act, 1957.
3. The final order of vesting in the present case was passed on 31.10.2019 by the Sub-Divisional Magistrate (SDM)/Revenue Assistant (RA) (Kapashera). Thus, it is clear that the order of vesting came to be passed in the year 2019, which was much later after the urbanization of the area in the year 2017.
4. After urbanization of the area in question in the year 2017, the proceedings under the Delhi Land Reforms Act, 1954 (DLR Act) became non-est and could not have continued. Thus, any proceedings under the DLR Act which continued after t
Proceedings under the DLR Act after the urbanization of the area were deemed non-est and illegal, leading to the setting aside of the final order and quashing of the pending proceedings.
Proceedings under the Delhi Land Reforms Act after urbanization of the area were deemed illegal and non-est, leading to the setting aside of the vesting and conditional orders.
Once an area has been urbanised, the proceedings under the Delhi Land Reforms Act cannot continue any further.
Once an area has been urbanised, proceedings under the Delhi Land Reforms Act cannot continue any further.
Once a notification is published under the Delhi Development Act, 1957, the provisions of the DLR Act cease to apply, and any proceedings under the DLR Act after urbanization are without jurisdiction....
Once a rural area is urbanised, the provisions of DLR Act cease to apply, and non-agricultural use of land is recognized.
Once an area has been declared as a Low Density Residential Area (LDRA), it ceases to be a rural area and becomes part of the urban area, leading to the cessation of the applicability of the DLR Act ....
The main legal point established in the judgment is that once a particular area has been recognized as urbanized, proceedings under the DLR Act cannot be initiated or continued.
The order of vesting made under Section 81 and 82 of Act divests and deprives owner or occupier of all rights existing in the land. Vesting results in Gaon Sabha acquiring absolute title and rights o....
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